¹ of 4 Fair in OS.No.1089/2021

IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE, KADAPA.

Present : Sri. Shaik Pedakhasim, III Addl. Junior Civil Judge, Kadapa.

Friday, this the 08th day of July, 2022.

O.S. No. 1089 of 2021

2. Vijayabhaskar Reddy, S/o. B.C. Obul Reddy, Hindu, Kapu, aged 40 years, Cultivation, R/at D.No.3/19, Bachumpalli Village, Kadapa City, Kadapa District.

… Plaintiff

Vs.

14. Nagi Reddy, S/o. N. Subba Reddy, Hindu, aged about 50 years, Kapu, Business, R/at Plot No.106, Keerthi Park Apartments, Kadapa Town.

… Defendant

This suit is coming before me on 05.07.2022 for final hearing in the presence of Sri P. Prathap Reddy, learned counsel for the Plaintiff and the Defendant remained Ex-parte, upon perusing the material papers on record and having stood over for consideration till this day, this court delivered the following:-

J U D G M E N T

This suit is filed for recovery of Rs.8,10,999/- together with interest @ 12% p.a on the foot of three (3) promissory notes and also costs of the suit from the defendant.

2. The averments of the plaint in nutshell are as follows :

On 19-11-2018 the defendant had borrowed Rs.6,00,000/ from the plaintiff and executed three suit promissory note for Rs.2,00,000/- each agreeing to repay the amount together with interest @ 12% p.a. Later inspite of repeated requests and demands the defendant not discharged the debt due under suit promissory notes. Hence this suit.

3. The defendant remained exparte.

4. P.W.1 is examined, Ex.A.1 to Ex.A.5 are marked on behalf of the plaintiff.

5. Heard the learned counsel for the plaintiff. Perused the material on record.

6. Now the point for determination is "whether the plaintiff is entitled for the suit claim amount as prayed for?

7. Point : In order to prove the case of plaintiff, he deposed evidence by filing his chief examination affidavit as P.W.1. P.W.1 in his evidence deposed repeating the contents of plaint. Ex.A.1 to Ex.A.5 are marked through P.W.1. This court minutely examined the contents of plaint, evidence of P.W.1, contents of Ex.A.1 to Ex.A.5. After minute reading of the material on record this court is of the opinion that the plaintiff proved his case with sufficient oral and documentary evidence.

8. Inspite of having opportunity the defendant not contested the suit, consequently the case of the plaintiff remained unrebutted. On one hand plaintiff proved his case, on the other hand the defendant failed to put up his case and also to disprove the case of plaintiff. Therefore it can be deemed that the case of plaintiff is true and correct.

9. The agreed rate of interest is 12% p.a., therefore plaintiff is entitled for interest @ 12% p.a from the date of suit till the date of decree on the principal amount of Rs.6,00,000/- (₹.2,00,000/- + ₹.2,00,000/- + ₹.2,00,000/-). As per Sec.34 CPC the plaintiff is entitled for interest @ 6% p.a from date of decree till the date of realization on the principal amount of Rs.6,00,000/- (₹.2,00,000/- + ₹.2,00,000/- + ₹.2,00,000/-). In view of the facts existing in this case it is just and proper to award suit costs in favour of the plaintiff and against the defendant.

10. In view of the above facts, circumstances and other material on record this court is of the opinion that, this suit has merits and deserves to be decreed with costs. Accordingly, the point is answered in favour of the plaintiff and against the defendant.

11. In the result, the suit is decreed with costs in favour of the plaintiff and against the defendant, directing the defendant to pay to the plaintiff the suit amount of Rs.8,10,999/- together with interest at the rate of 12% p.a from the date of suit till the date of decree on principal amount of Rs.6,00,000/- and at the rate of 6% p.a from the date of decree till date of realization on the principal amount of Rs.6,00,000/-.

Typed to my dictation by the Stenographer of this court directly on my Laptop, corrected, signed and pronounced by me in the open Court on this the 08th day of July, 2022.

PEDAKHASIM SHAIK

Digitally signed by PEDAKHASIM SHAIK Date: 2022.07.08 14:36:05 +0000

III ADDITIONAL JUNIOR CIVIL JUDGE, KADAPA.

Appendix of Evidence Witnesses Examined for

Plaintiff : Defendant : P.W.1 : B. Vijayabhaskar Reddy. - Exparte -

Exhibits marked for Plaintiff :

• Ex.A.1 : Promissory Note, dt.19.11.2018 executed by N. Nagi Reddy in favour of B. Vijayabhaskar Reddy for Rs.2,00,000/-.
• Ex.A.2 : Promissory Note, dt.19.11.2018 executed by N. Nagi Reddy in favour of B. Vijayabhaskar Reddy for Rs.2,00,000/-.
• Ex.A.3 : Promissory Note, dt.19.11.2018 executed by N. Nagi Reddy in favour of B. Vijayabhaskar Reddy for Rs.2,00,000/-.
• Ex.A.4 : Office Copy of Legal Notice, dt.19.05.2021 along with Postal Receipt and Acknowledgment.
• Ex.A.5 : Reply Notice, dt.27.05.2021 issued by Sri. M. Sudhakar Babjee, Advocate to Sri. P. Prathap Reddy, Advocate.

Exhibits marked for defendant : NIL.

PEDAKHASIM SHAIK Digitally signed by PEDAKHASIM SHAIK Date: 2022.07.08 14:36:24 +0000

III A.J.C.J., KDP.